Complex Dealings

When making a title sheet 2012 Act compliant, the current registration guidance for secondary layers to the cadastral map (supplementary data), is to refer to supplementary data as –

“… tinted/hatched/edged (colour) on the secondary layer of the cadastral map, an extract of which is included as supplementary data-1/2/3 …  to the title sheet”.

This guidance is to continue for tenement property and for “scanned” supplementary data.

The following now applies to all other property and for “plotted” supplementary data.

If a new colour reference is applied as supplementary data (known in Plans Settle as Grouping in the Plans Creator, see below), new wording “tinted/hatched/edged (colour) on additional cadastral map view 1/2/3 …” should be used.

If the title sheet also contains references to existing  plotted supplementary data, the existing wording should be replaced with new wording. 

Groupings in the Plans Creator

General

One of the new features of mapping in the Plan Creator is the use of groupings. This allows plans references to be placed on additional layers (or views) of the cadastral map. In turn, these produce additional plans/pdfs that are associated with the title.

For the overwhelming majority of cases, the use of groupings will not be required, and all plans references needed for the title should be left "ungrouped" so that they are all shown on the primary layer (or view) of the cadastral map. However, if there are any concerns about the visibility of references on the primary "ungrouped" layer, then consideration should be given to transferring some of the references to a grouping following the guidance below.

In November 2022, an IT development allowed the header template on the pdf print generated from a grouping to be amended from the former outdated header Supplementary Plan to the Title Plan - the new header reads "Additional Cadastral Map View/Supplementary Data". 

Naming of groupings

All groupings form part of the cadastral map, with the header on the pdf plan generated for a grouping being "Additional Cadastral Map View/Supplementary Data". This double heading allows the pdf plan to be used in both scenarios in which the groupings function is used:

• tenement cases and lease in tenement cases will refer to these groupings as 'supplementary data 1, supplementary data 2, etc. ';

• and if the groupings are required as additional layers to the cadastral map they will be narrated as 'additional cadastral map view 1, additional cadastral map view 2, etc'.

• In both scenarios, the number of the plan is the same as the number given to that grouping within the Plan Creator.

Please ensure that you add an LRS title note for the legal setter advising them to edit the plans references using the descriptions, above, if you have used a grouping for an additional layer of the cadastral map. For example,

Legal Examiner, please note that all plans references that are depicted in grouping ABN12345-1 should be referred to in the title sheet as "tinted/hatched/edged xxx on additional cadastral map view 1".

See Ancient Monuments and Archaeological Areas Act 1979 - part of the Burdens Section Information page. Example deeds can be viewed here and here. 

Deeds adding an entry to the Schedule of Ancient Monuments or amending an existing entry in the Schedule, should be entered into the burdens section. Plans references may be required to be added or deleted from the cadastral map - see Deeds with Plans Annexed (below). 

Deeds may also be submitted purporting to amend an existing entry in the schedule where it is apparent that the deed is superseding a previously recorded or registered entry. The land register is not a historical register therefore, where it is apparent that the new entry supersedes the existing entry in the schedule, the superseded entry should be deleted and a new entry added. 

The template supplied by the agent should be used for the title sheet entry.

Agreements concerning ancient monuments and land in their vicinity can also be submitted for recording and/or registration. Such an agreement is a registrable deed by virtue of section 17(6) of the Ancient Monuments and Archaeological Areas Act 1979. An entry should be added to the burdens section of the title sheet and should reflect the terms of the recorded/registered deed.

When submitting an application via the digital portal, Agents will be asked to confirm whether or not it’s a Books of C&S application. There have been some occasions where Agents have been using this prompt instead of including a request for Books of C&S recording in a covering letter or stipulated in the application form. Agents are still required to request Books of C&S recording. For cases not including the request, these should be treated as normal dealings. For properly requested Books of C&S cases, they should be processed as follows:

Non App Created case

• Application submitted with Books of C&S aspect.

• Case passed to Complex Referrals to confirm Plans and Legal suitability as well as if there is an FR/TP application that affects the case.

• The case is returned to the Intaker to create and moved to the Complex Odd Job person or rejected if not suitable.

• The case is then taken on by the Complex Odd Job person where they will do the necessary checks in order to confirm if the case is suitable for Land Registration. If the application requires joint recording in the Sasines Register, the following should NOT be completed until notification on the CMS is received from Sasines that the deed has been recorded. When this notification has been received and the deed is suitable for registration, the Complex Odd Job person emails CAJR mailbox with the subject heading containing "Joint Recording Request", Application and Title Number. The email should contain the details of Books of C&S template shown below, a PDF of the deed and the LR29 Form:

Application number(s):

Title number(s):

Deed:

Parties: 

Agent’s e-mail(s):

Their ref:

LBTT Info (if applicable): Please state LBTT info or say Not Applicable.

Other useful info:

• Complex Odd Job person adds an application N&I on LRS and a case collaboration note on CMS -"Books of C&S template details, a PDF of the deed and the LR29 Form sent to CAJR".

• CAJR emails Complex Odd Job person within 48 hours that deed is acceptable for recording in Books of Council & Session. The Complex Odd Job person emails Agent with template letter, LR54 on LRS application workdesk, to submit original deed and form to CAJR.

• Complex Odd Job person adds an application N&I on LRS and a case collaboration note on CMS -"LR54 sent to agent".

• If there is no FR/TP that affects the application, the Complex Odd Job person completes and despatches application.

• If there is a FR that affects the application, the Complex Odd Job person sends an email to ‘CMS FR Service Team Queries’ mailbox with details of the application as a courtesy and attaches it with the FR on LRS and CMS updating the category at the same time. This moves the case on CMS to the FR/DW workbasket.

• If there is a TP that affects the application, the Complex Odd Job person sends an email to ‘TP Digital Submission’ mailbox with details of the application as a courtesy and associates it with the TP on LRS and CMS updating the category at the same time. This moves the case on CMS to the TP/DW workbasket.

• When CAJR emails completed LR29 form to Complex Odd Job person, the Books of Council & Session Running No. added to the CMS as a case collaboration note and the “Additional Information” field in the Application workdesk on the LRS.

See Where discharge cannot be obtained - Certificate of Consignation or Declarator in Securities Section Information. There are also example deeds here.

If a discharge of a heritable or standard security in respect of a monetary obligation cannot be obtained because of the absence or death of the creditor or for any other cause, the debtor may (in terms of section 18(2)(a) of the 1970 Act) consign the whole amount due in a bank in Scotland on behalf of the person who appears to have the best right to it. Once this has taken place, a certificate of consignation can be drawn up by a solicitor in the form prescribed by Form D, No. 1 of schedule 5 to the 1970 Act and be registered on behalf of the debtor. The effect of registration of such a certificate in terms of s.18(3) of the 1970 Act is to disburden the security subjects of the security, so the security should be removed (or omitted) from the securities section as if it had been formally discharged.

In the case of a standard security for a non-monetary obligation, section 18(2)(b) of the 1970 Act provides that the debtor may apply to the court for a declarator that the whole obligations under the contract to which the security relates have been performed. If the declarator is granted by the court, a solicitor can draw up a certificate of declarator in the form prescribed by Form D, No. 2 of schedule 5 to the 1970 Act. This can be registered with the same effect as a certificate of consignation.

Contract of Excambion applications should always be referred to Higher Complex referral officer. In most cases, the Contract of Excambion should actually be a Transfer of Part [TA’s] over both Titles. It should also be noted that a Contract of Excambion will always involve at least two properties, not just one.

The agents will normally have given the Application type as Dealing over the whole of a registered plot even where what they are transferring is only part of the property, e.g. where they a transfer a right in common to an area that they own in whole or in part. Although not transferring the property, they are transferring a right which is PART of the property hence it being a TP/TA.

See Discharge of Standard Securities - part of the page Securities Section Information.  

The purpose of a deed of restriction is to release part of a plot of land from a standard security or other heritable security.

Standard security(s) registered under the parent title number are brought forward from the parent title and shown on the transfer of part (TP) title sheet. Registration of a deed of restriction enables removal of the security from the charges section.

Indicators are:-

• The deed describes a “plot” number and the subjects are to be known as an address.

• The debtor in the charges section entry differs from the registered proprietor in the proprietorship section.

Search of the title number on the LRS, click the “display list of  address” field then Property address.

• If the plot or address is listed and the TP is pending registration (DFu), check the date of registration for the deed of restriction. If that date is after the date of the TP application, associate the deed of restriction application on the CMS with the TP application.

• If the deed of restriction is submitted for registration subsequent to a completed TP registration, the standard security brought forward from the parent title should be removed from the charges section. If the deed only describes the parent title number, the date of execution of the deed must be prior to (or within 28 days after) the date of registration of the TP application.

• If the deed of restriction is submitted for registration prior to a TP application, the deed is registered over the parent title. A verbal description footnote should be added to the charges section entry of the standard security for identification of the part disburdened. This will thus maintain the up-to-date position of that title sheet by showing that the security no longer affects the whole subjects in the TP title sheet:

• The above Standard Security has been disburdened as regards (insert full postal address), conform to Deed of Restriction registered dd/mmm/yyyy.

A Deed of Restriction may also be submitted over titles that are not related to TP applications. Examples could be:-

• A standard security granted over subjects that include a house and garden ground where the garden ground is being restricted (discharged) from the security and the house is still affected.

• Rural subjects like farmland and steading where part of the farmland is restricted.

In both instances, the deed will contain a plan identifying the area affected. A plans reference on the cadastral map may be required to identify the area. The following footnote should be added to the charges section entry:

• The above Standard Security has been disburdened as regards that part of the subjects in this Title tinted/edged/hatched (colour) on the cadastral map, conform to Deed of Restriction registered dd/mmm/yyyy.

See Servitudes.

This type of deed can be a joint recording in Sasines and registered over multiple title numbers.

If no deed plan exists, update title sheet accordingly.

If a plan exists, see Deeds with Plans Annexed (below). Any references must fall wholly within the extent of the burdened property.

On return from Plans Referral, the deed can be edited into each title sheet.

Benefited Property (deed contains no conditions)

If the deed contains servitude rights only with no conditions, update the property section description accordingly. Add a property section note, SR1 or SR2 on picklist. No burdens section entry necessary.

Burdened Property (deed contains no conditions)

The following preamble should be used for a Deed of Servitude containing servitude rights but with no servitude conditions:-

Deed of Servitude by …… to …… and their successors and assignees (if applicable), registered DD/MMM/YYYY, of a servitude right over that part of (include a full postal address of the Burdened Property) being the subjects registered under Title Number xxxx (hereinafter referred to as "the Subjects") (if applicable) in favour of  (include a full postal address of the Benefited Property) being the subjects registered under Title Number xxxx, contains the following servitude right(s) affecting the subjects in this Title:

Add the details of the servitude right including colour reference if applicable.

Benefited Property (deed contains servitude rights and conditions)

If the deed contains servitude rights and conditions, a cross-referral is required in the property section description - "together with the servitude rights specified in the Deed of Servitude in Entry ? of the Burdens Section". If numbered clauses exist, no need to add "together with" and number the cross-referral accordingly. No property section note necessary.

Benefited/Burdened Property (deed contains servitude rights and conditions)

Create burdens section entry. Add element note "2012 Act Compliant, refers to (colour) tint/hatch/supplementary data/edge/additional cadastral map view (no.X)". If Plans Referral advise that the title sheet is too complex to make 2012 Act Compliant, omit "2012 Act compliant".

To edit the deed in the Burdens Section, two different preambles are used dependent on the type of deed and the format.

(1) If the deed registered is under section 77 of the Title Conditions (Scotland) Act 2003 (a right to lead pipes, wires, cables  etc) and is NOT in a schedule format or contains interpretations and definitions, the following preamble should be used -

Deed of Servitude by …… (hereinafter referred to ……) to …… and their successors and assignees (if applicable) (hereinafter referred to ……), registered DD/MMM/YYYY, of a servitude right over that part of (include a full postal address of the Burdened Property) being the subjects registered under Title Number (hereinafter referred to as "the Subjects") (if applicable) …… tinted/hatched/edged …… on the title plan/cadastral map, contains also the following servitude conditions:

Always add a full colon at the end of the preamble.

(2) If the deed registered is in a schedule format and contains interpretations and definitions, the following preamble should be used -

Deed of Servitude by …… (hereinafter referred to ……) to …… and their successors and assignees (if applicable) (hereinafter referred to ……), registered DD/MMM/YYYY, of the following servitude rights, contains also the following servitude conditions:

Always add a full colon at the end of the preamble.

Convert the deed using Abbyfinereader, copy and paste deed into entry. Close and re-open entry. If the deed does not convert, use notepad application.

If the interpretations and definitions states "In this deed", amend to "In this entry".

Edit deed amending the entry for the plans reference(s) given.

If plans officer confirms that the title sheet is made "2012 Act compliant", check the title sheet for all references to "title plan/said plan/supplementary plan". Any burden entries must be cloned ensuring that the correct version of the entry is cloned and references amended to "cadastral map/said map/supplementary data (tenement)/additional cadastral map view (non-tenement)" (see Additional Cadastral Map View/Supplementary Data.

Spell check the completed entry.

Add a TCA 1/TCA 2 note, date 1/1/2050. This is a NR (no register) entry.

For deeds affecting multiple title numbers, if the same colour references are given for all other title numbers, assign the deed to the other title sheets. If colour references vary, the entry must be cloned, element note updated “Version ? cloned to make 2012 Act Compliant, refers to (colour) tint/hatch/additional cadastral map view ?". If Plans Referral advise that the title sheet is too complex to make 2012 Act Compliant, omit "2012 Act compliant".

A Deed of Servitude which also creates real burdens should be referred to the Higher Complex Referral workbasket using the Real Burdens template (see X4 Applications). Upon reply, re-categorised to X4 (standalone DW) and transferred to Higher Complex workbasket. Where a live FR or TP is pending registration, re-categorise accordingly and transfer to FR/DW or TP/DW workbasket.

Variation of Servitude 

See above link to the legal manual for title sheet updates.

All deeds with plans should have been referred pre-Intake. Check Associated Cases/Intake on CMS.

Consideration should be given to whether the cadastral map requires updating. The deed must accurately describe the reference(s) on the plan within the text and fall wholly within the extent of the property. If in doubt, refer directly to plans officer who can confirm.

If a new reference is required, add a Title N & I on the LRS. Check the property section description, if the description does not state "Subjects cadastral unit (Title Number)", include an instruction in the Title N & I to make the title sheet 2012 Act compliant. Address response "Plans Settle" from the dropdown list. Add a similar note in Complex Plans referral on CMS.

If a reference already exists, refer directly to plans officer to confirm that the reference is co-extensive. If confirmed, this reference can be used.

On return from Plans, amend the title sheet accordingly for the reference. If a new burdens section entry is created, add an element note – “2012 Act compliant, refers to (colour reference)/on additional cadastral map view-1/2/3…”.

If plans officer confirms that the title sheet is made "2012 Act compliant", all references on the title sheet to "title plan/said plan/supplementary plan" should be amended to "cadastral map/said map/supplementary data (tenement)/additional cadastral map view (non-tenement)". Any burden entries requiring amendment must be cloned, ensuring that the correct version of the entry is cloned.

An element note is added - "Version ? cloned to make 2012 Act Compliant, refers to (colour reference)/on additional cadastral map view-1/2/3…”. If Plans Referral advise that the title sheet is too complex to make 2012 Act Compliant, omit "2012 Act compliant".

See Notice of Potential Liability for Costs - part of the page Burdens Section Information. 

The statutory style and registration requirements for each form of notice (Title Conditions (Scotland) Act 2003 or Tenements (Scotland) Act 2004 should be met. If not, the application should be rejected.

A NPLC may be deleted from the title sheet on the expiry of the 3 year period from its date of registration. If the entry being deleted is not the last entry in the burdens section, the title sheet should be checked for any amendment to cross-references to entry numbers.

See Applications affected by the evacuation/non-evacuation of a special destination - part of the page Destinations. 

The deed should be in form of a disposition and contain an acceptable operative clause such as dispone or convey. Consideration in application workdesk - "Evacuation of Special Destination".

To effect a variation of a destination, the Keeper will accept a disposition by parties to themselves. For example, A and B hold title to subjects "equally between them and to the survivor of them" but no longer wish the property to transfer to the other in the event of one party's death. A disposition by A and B to themselves, explaining within the narrative that it is to effect the variation of the destination will be accepted and the title sheet will be updated to show the new position.

The reverse is also acceptable, i.e. when there is no destination and the parties wish to create a survivorship destination. The deed should be in form of a disposition and contain an acceptable operative clause (dispone, convey). Consideration in application workdesk - "Creation of Special Destination".

An application to register any other document amongst the parties attempting to evacuate the destination should be referred for further guidance.

See Deed by Guardian or Authorised Person - part of the page Legal Capacity. 

The deed can run either in the name of (1) the guardian or authorised person or (2) the incapax. 

Where the adult is registered proprietor of the subjects, the intervention interlocutor or guardianship order should already be registered. If the order is not set out in the proprietorship section of the title sheet, an application should be made (with a separate application form and appropriate fee) before or on the same day as the application for registration of the disposition or other deed by the authorised person. If the order is not registered, reject the disposition.

The authorised person should have power to grant registrable deed. Check the terms of the order to ensure that the authorised person or guardian appears to have the power to transact with the property in the manner given effect to by the registrable deed. If in doubt, then a referral should be made to the referral officer.

There is no requirement to check for evidence of caution or consent. The application (e.g. the form and the registrable deed) should not indicate any concerns regarding lack of caution or consent. If the application or registrable deed does indicate a concern, then a referral should be made to the referral officer.

An ETS consists of 2 parts in the D Section. Part 1 contains the Burdens Section entries of the parent title which are imported and embedded into the title sheet. Part 2 contains the Burdens Section entries specific to the subjects in the title.

Deed of Servitude, Variation of Deed of Servitude, Determination varying a Section 75 Agreement and Partial Renunciation of Leases are examples of category B applications that may be affected.

When adding cross-referrals to an ETS, the referral should be worded as “Entry X of Part 2 of the Burdens Section”.

Open

The screenshot below is an example of the Burdens Section of an ETS.

Open

Using the Print/Title Extract or View Version function in the title workdesk, the text of the entry is shown below -

Open

To view the Part 1 entries, the Print/Master Title Sheet (PDF) function in the title workdesk should be used. Each page of Part 1 of the Burdens Section contains the header text shown below -

Open

Any subsequent Burdens Section entries created are added to Part 2, see below -

Open

See Floating Charges and Debentures in Securities Section Information

The existence of a floating charge or debenture would be noted in a title sheet as an overriding interest in terms of the Land Registration (Scotland) Act 1979 if disclosed to the Keeper in an application, normally within the terms of a ranking agreement. However, there is no equivalent provision for noting the existence of such charges in a title sheet in the 2012 Act and the same should be dealt with as follows:

Floating charge

If the existence of a floating charge comes to light in a new application for registration, the floating charge should not be disclosed in the title sheet. Unless absolutely necessary, no mention of the floating charge should be made in any ranking note, rather it should merely reflect that the security is affected by ranking provisions, e.g.:

Note: The above Standard Security is affected by ranking provisions contained in the Ranking Agreement registered DD/MMM/YYYY.

If the existence of a floating charge has been noted in a previously registered title, reference to the floating charge should only be removed where it is feasible and where (i) a notification of inaccuracy by an external party has been submitted, or (ii) where an application undergoing registration discloses a request to remove an existing reference. In either case, there must be a specific request for the charge to be removed and sufficient information must be submitted to the Keeper as evidence that the charge has been satisfied. If these conditions are met and only a single standard security and the floating charge are affected by ranking provisions, then this will become an off-register matter and the floating charge and note can be deleted. However, if there are multiple securities and the floating charge is affected by ranking provisions then the entry for the floating charge should not be removed if this would result in any existing ranking notes becoming unclear and possibly misrepresenting the position regarding ranking. Guidance should be obtained from a referral officer as required.

Debenture

If the existence of a debenture that comes to light in a new application for registration should also not be referred to in a title sheet and any existing entry should only be removed if feasible and where the same conditions are met as detailed above for floating charges.  

See Guardianship and Intervention Orders - part of the page Legal Capacity. 

Registration of either type of order is given effect to by a note in the proprietorship section of the relevant title sheet usually setting out the relevant terms of the order. The entry for the right of the adult as proprietor or tenant in the proprietorship section is otherwise retained.

It is possible to refer to the contents of the order as entered in the archive record if the entry will be particularly lengthy, complex and cannot be edited clearly to extract the relevant information to be registered. The authorisation of such a cross reference should be referred for a decision by a referral officer. If a registration officer is repeating the whole terms of an order, consideration must be given to information that may be sensitive in nature (e.g. details of bank accounts or detailed care requirements) - such details should be omitted if possible as it is unlikely they will impact on any action affecting the registered title.

Enter a proprietorship section note, AIA1 on picklist. If using "Abbyy Finereader" to convert the text, check spelling for any errors.

"By an interlocutor of the Sheriff at xxxx dated xxxx, xxxx, (designed) was vested as guardian in management powers of the above xxxx (“the Adult")*, for a period of XX years from this date** in terms of sections/Part xx of the Adults with Incapacity (Scotland) Act 2000. with the following functions and duties:-

*If the order refers to the incapax as the Adult,

**If the order refers to a specific time period.

See Deed or Document Incorporated into Title Sheet by Reference - part of the page Burdens Section Information. 

A Variation of Lease must be incorporated by reference in the title sheet (see Leases below). See the registration manual for guidance for any other type of deed that incorporation may be required.

Deeds affecting both the Land and Sasine registers should not be completed until confirmation has been received from sasine staff that the deed has been recorded. See case collaboration notes in the LR and INT parts on CMS.

See the Leases page for a full discussion. 

See the Liferent page for a full discussion. 

Burdens section entry, add conditions if appropriate.

If the DIR (deed inducing registration) specifically "reserves" a liferent, use the reserve option. If not, use the "grant" option.

If the DIR is a "Standalone Liferent" deed, delete "Disposition" and replace with "Liferent". A standalone deed must contain a specific grant of liferent.

Example preambles 

Disposition by AB to CD, registered DD/MMM/YYYY, of the subjects in this Title, grants/reserves a liferent in favour of EF (designed).

Disposition by AB (designed) to CD, registered DD/MMM/YYYY, of the subjects in this Title, grants/reserves a liferent in favour of said AB.

Disposition by AB to CD, registered DD/MMM/YYYY, of 1/2 pro indiviso share of the subjects in this Title, grants/reserves a liferent in favour of EF (designed).

Disposition by AB (designed) to CD, registered DD/MMM/YYYY , of 1/2 pro indiviso share of the subjects in this Title, grants/reserves a liferent in favour of said AB.

Termination of Liferents

A registered liferent, when terminated, is removed from the title sheet only on receipt of evidence of its termination. A stand-alone application for registration of the termination may be made (by the fiar, usually). But, if a transfer of the fiar’s interest is in prospect, the evidence of the liferent's termination may accompany the application for registration of the transfer, without any need for a separate application as regards the termination.

See Conversion of Long Leases/Long Leases (Scotland) Act 2012 for further discussion. 

How to identify if the application is affected by the Long Leases (Scotland) Act 2012

Check: 

• if the application form or any correspondence contains a request to convert a tenant's right in a lease to ownership;

• if the application contains any terminology that makes reference to the Long Leases (Scotland) Act 2012;

• if the application is to register a disposition and the prior title deeds indicate the interest was formerly 'tenant';

• if the application is to register a notice or agreement in terms of the Long Leases (Scotland) Act 2012 (or if the deed inducing registration refers to a notice or agreement under the said Act for burdens).

Conversion of ultra-long leases into ownership. Prior to re-categorising to X4 (DW group only) check the property section real right is "tenancy" and schedule for the following:-

To qualify for conversion to ownership under the Act, a lease must be:

• registered in either the Land Register or the General Register of Sasines (or the Particular Registers and Burgh Registers);

• have a term of more than 175 years;

• have more than 100 years to run at 28 November 2015 where the property is mainly used as a residential dwelling house or 175 years in other cases (see legal manual); and

• have an annual rent of not more than £100, see lease entry in the burdens section (note: if there is Value Added Tax included in the rental and this takes the rental over the £100 threshold, then the application should be referred).

 Discharge/Standard Security (or any other deed which does not effect a title transfer)

Scenario 1: No indication in the application form or supporting information that the tenant's interest has converted to ownership: 

Complete the application as per current DW process steps for the appropriate deed. The title sheet will remain as a tenant's interest. 

Property section:

Change the interest shown in the "Real Right" field from "Tenant" to "Tenancy"

Scenario 2: The Applicant has informed the Keeper that the tenant's interest has converted to ownership in either the application form or in the supporting information: 

Refer to Higher Complex workbasket initially. Re-categorise to X4 and transfer to Higher Complex workbasket if instructed

Assignation

Scenario 1: No indication in the application form or supporting information that the tenant's interest has converted to ownership: 

Process the application as per current process steps for Assignation of a tenant's interest in the Registration Manual. The title sheet will remain as a tenant's interest as no conversion to ownership has taken place. 

Property section:

Change the interest shown in the "Real Right" field from "Tenant" to "Tenancy"

Scenario 2: The applicant has informed the Keeper that the tenant's interest has converted to ownership in either the application form or in the supporting information: 

Refer to Higher Complex workbasket initially. Re-categorise to X4 and transfer to Higher Complex workbasket if instructed.

Disposition

Refer to Higher Complex workbasket initially. Re-categorise to X4 and transfer to Higher Complex workbasket if instructed.

(Next Application Notes (NAN), Next Application Notes in LRS Boundary Note Table, Crofting Notes, Exclusion of Indemnity/Warranty Notes)

NAN

The above link contains scenarios when a NAN should be added, deleted or referred. If in doubt, refer to RO1 referral officer.

The above link also describes action to be taken for “Copy in Certificate” NAN’s when making a title sheet 2012 Act compliant.

Boundary Note Table

Boundary  note tables and the cadastral map should only be amended when the title sheet is being made 2012 Act compliant.

Open

Please note that when viewing the title via view version on the LRS, the note will appear in the old style. However, the boundary note table will appear in the title sheet as follows:

 Complex boundaries should not be included in the boundary note table of the title sheet property section. The table and cadastral map are amended by removing the letter references. Instead, a boundary note should be added to the property section.

 Example boundary notes

Where the boundaries are more complex, the title sheet will merely refer to the deed that contains the boundary descriptions and a note in one of the following styles should be added to the property section (notes BY1 – BY6 on the picklist):

The deed type information can be found as follows:

• Described as the breakaway deed in the element note of the burdens section entry

• Title N & I for the FR/TP application (described as the extent deed)

• Title number search on BOPS/LR Archive viewer

The deed search tool on the CMS can be used to confirm the deed used.

a)     Note: Further information relating to the particular boundaries of the plot is narrated in the [Deed type] by A to B [registered in Land Register dd/mm/yyyy]

b)     Note: Further information relating to the particular boundaries of the plot is narrated in the [Deed type] by A to B [recorded in General Register of Sasines (County) on dd/mm/yyyy]

c)     Note: Further information relating to the particular boundaries of the plot is narrated in the [Deed type] by A to B [recorded in {details of other register} on dd/mm/yyyy].

If the boundaries are described by reference to a legend on a plan to the deed rather than being narrated in the deed, one of the following styles of note should be added to the property section:

d)     Note: Further information relating to the particular boundaries of the plot are shown on the plan annexed to the [Deed type] by A to B [registered in Land Register dd/mm/yyyy]

e)     Note: Further information relating to the particular boundaries of the plot are shown on the plan annexed to the [Deed type] by A to B [recorded in General Register of Sasines (County) on dd/mm/yyyy]

f)      Note: Further information relating to the particular boundaries of the plot are shown on the plan annexed to the [Deed type] by A to B [recorded in {details of other register} on dd/mm/yyyy].

Crofting Notes

Any existing property section crofting notes, typically in the following style:

 “The subjects in this Title comprise a croft as defined in the Crofters (Scotland Act 1993”,

should be removed on a subsequent transfer of the subjects.

Exclusion of Indemnity/Warranty Notes

Exclusion relating to the movement of natural water boundaries in the Property Section can be removed without referral. However, where part of the note provides clarity as to the boundary of a plot then that part should be retained and amended as necessary, see example below.

 Example of existing note

Existing note:

Note: The boundary between the points arrowed and lettered V - W in blue on the Title Plan follows the stream. Indemnity is excluded in terms of Section 12(2) of the Land Registration (Scotland) Act 1979 in respect of any loss arising as a result of the said boundary being declared or found to follow a different line from that shown on the Title Plan at any time.

After amendment, the note should read as follows:

Note: The boundary between the points arrowed and lettered V - W in blue on the cadastral map follows the stream.

Any other existing exclusion of indemnity, other than those relating to a failure to register limited company securities with Companies House where said security is now being discharged, must be referred to your referral officer for consideration who will, if necessary, refer to a senior caseworker.

Any plans reference referred to within an exclusion of indemnity note that is being deleted from a title sheet should be removed from the cadastral map unless it is also referred to elsewhere in the title sheet.

See Notices of Grant in the page Securities Section Information. 

Where the conditions of the grant cease to apply before the expiry of the stipulated period, a notice of repayment or a notice of cessor of conditions may be drawn up and registered. Registration of such a notice will have the effect of terminating the grant and the entry will be removed from the title sheet.

See example Notice of Title deeds. 

There are two types of Notice of Title affecting either the right of an owner, or the right of a creditor in a standard security.

A notice of title submitted for registration must closely resemble the statutory style and the title sheet updated accordingly. 

Odd Job Rota - including list of B1 applications

The Odd Job rota can be found in Microsoft Teams/Team//Dealings/Dealings (Complex Team)/General/Files.

Odd Jobs include Books of Council and Session applications, expedite casework and general enquiries.

List of B1 applications

All applications should be checked that the Property Section details contain a Unique Property Reference Number (UPRN). If the UPRN details are blank refer to Plans Settle for possible amendment.

If there is a discrepancy between the current description of the subjects and the description contained in the application form or deed being registered, or if an error is found, refer to Plans Settle for possible amendment.

See Specific Ranking Provisions in the page Securities Section Information. 

For a ranking agreement affecting residential property, add relevant CR note from picklist to affected charges section entries.

Ranking agreements affecting commercial property may refer to "floating charges". These charges should not be entered on to the title sheet. Existing floating charges should not be removed from the title sheet unless sufficient evidence is submitted. Add relevant CR note from picklist to affected charges section entries.

Removal of notes regarding ranking

Occasionally, a discharge is received for an existing charge where there also exists at least one other ranking charge. When this ranking charge is removed from the securities section and the title sheet entries for other securities include a ranking note referring the security being discharged, the ranking notes of the existing entries must be changed to reflect the new circumstances.

See Insolvency / Legal and Corporate

Procedure for ROI hits. An up-to-date search is conducted.

• Amend "End Date" search field to yesterday's date. The "Start Date" search field should be amended if the search range is more than 5 years.

• If any ROI hits have not been discharged, send an LR21 letter to agent. Add an application N&I, "To Standover 42 days, outstanding ROI". Send application to Standover on LRS for 42 days.

• If an agent contests the inhibitory effect of any undischarged entry or their response is in any way contentions refer for guidance on how to proceed.

• After 42 days (or less if agent replies), conduct another up-to-date search as above.

• If any ROI hits have not been discharged, add the appropriate ROI 1, 2, 3, 4, 5 or 6 note from the picklist for each outstanding ROI to the proprietorship section entry.

See Register of Overseas Entities for further discussion.

For applications received from 5 September 2022, the Keeper will be under a duty to reject certain deeds involving overseas entities.  Where any of the following criteria apply, then please refer your application to a referral officer for further consideration:

• The application discloses an ‘overseas entity ID’ (this will appear in the form OE001234 and will likely be provided in response to the ROE question on the application form)

• The title has an ROE next application note indicating the current proprietor may be subject to the scheme.